DEQ OPENCUT MINING SECTION • PO BOX 200901 • HELENA MT 59620-0901 • PHONE: 406-444-4970 • FAX: 406-444-4988 • EMAIL:

INSTRUCTIONSHEET

APPLICATION FOR ASSIGNMENT OF OPENCUT MINING PERMIT

Guidance: Although statutory timelines take priority, Opencut endeavors to process assignment applications in a timely manner. However, it may be several weeks to months before Opencut can process the assignment application. Opencut recommends the Operator submit the assignment application well in advance of their anticipated needs.

The Assignor (current permit holder relinquishing the permit) and the Assignee (party assuming the permit) need to work through the following steps together to complete the permit assignment process in a timely and efficient manner.

1)Review the“Master Guidance Documents” under heading “A” of the Opencut Forms webpage:

2)If the Assignor does not have a copy ofthe permit,obtainit as follows:

a)If the permit or most recent amendment was approved afterApril 2010, it is likely available at:

b)If it’s not on-line, email an information request including the Assignor name, site name, and permit numberto . The documents will be sentto you in approximately 5-7 business days.

3)Carefully assess and understand the requirements of the current permit and any amendments. Inspect the physical condition of the site and ensure the current permit boundary; non-bonded areas; andaccess roads included in the permit aremarked on the ground.

4)If any of theitems below apply, the Assignor must submit an amendmentapplication and the DEQ must approve it before an assignment application issubmitted. If an assignment application is submitted that meets one or more of the criteria below, it would be disapproved.

a)The Plan of Operation is on a form versiondated before6/111 or

b)The final reclamation dateis expired2 or

c)TheOpencut disturbanceextends beyond the current permit boundary2 or

d)There are other permit violations2, 3

5)Ifany of the above items apply, the Opencut Section strongly recommends the Assignorsubmit a Request for Pre-Application Meeting(top of the Forms webpage: After its receipt, an Opencut scientist will be tasked to review the current permit; contact you to discuss requirements; and schedule a site visit if warranted.

6)Assignor: If an amendment is required (see item 4 above), complete and submit the Opencut Mining PlanofOperation and Applicationand other documents as required on pages 1& 2 of theapplication.(Seethe documents under heading “B” of the Forms webpage.)

7)Assignee: If an amendment application is not required, complete and submit the assignmentdocuments below to the Opencut Section in Helena as one package.

a)Application for Assignment of Opencut Mining Permit(Document E-1 on the Forms webpage)

b)Reclamation Bond Spreadsheet(Document B-6) Exception: Assignee is a Governmental Operator

c)Bond (Use 1 of the 5 documents under heading “C”) Exception: Assignee is a Governmental Operator

Footnotes:

1Plan forms dated before 6/11 are obsolete and do not meet current requirements of the Opencut Mining Act and its

implementing rules due to Act revisions in 2005, 2007, 2009, and 2013; and rule revisions in 2004 and 2016.

2DEQ has authority to initiate enforcement action if necessary to ensure the permit is amended(§82-4-434(4) 441, MCA).

3Other potential violations may include, but are not limited to, the following:

  • Site conditions, features, or practices that deviate from permit requirements
  • Canceled, Expired, or Invalid Reclamation Bond
  • Failure to submit Annual Progress Report and Fees

APPLICATION FOR ASSIGNMENT OF OPENCUT MINING PERMIT

Follow the guidance and directions on the Instruction Sheet.

Complete all fields below. Write“none” if that is the correct response.

  1. Site name: Current permit number:

Current permitted acreage: County:

  1. Are the Permit boundary and Non-Bonded areas marked?

Yes NoIf No, Do not submit this application as it would bedisapproved.

  1. Answer the following questions:

a)Is the Plan of Operation on a form version dated before June 2011 (i.e. 6/11)? *Yes No

b)Is the final reclamation date expired? *Yes No

c)Does the current Opencut disturbance extend beyond the current permit boundary or non-bonded boundary, or are there any other permit violations? *Yes No

*If Yes to 3a, 3b, or 3c above, do not submitthis assignment application as it would be disapproved. Instead the current Operator must submit a “complete” amendment application. The Opencut Section strongly recommendssubmitting a Request for Pre-Application Meetingfor further direction prior to submitting an amendment application.

  1. ASSIGNEE(party assuming permit):Name:

Address: City: State: Zip Code:

Phone #: Email

  1. Person who will be familiar with the Plan of Operation and on-the-ground activities at the site:

Name:

Office Phone: Cell Phone: Email:

ASSIGNEE CERTIFICATION: Assignee confirms that it: a)has a complete copy of the assignment application andthe Assignor’s current permit;b)has reviewed and understandsall these documents; and c)will comply with all terms of the permit in effect at the time the DEQ approves this assignment.

After the DEQ approves this assignment in writing, the Assigneewill assume responsibility forexisting site conditions and all terms of the permit, including the provisions of the Plan of Operation (i.e. mining and reclamation of the site, etc.)

Assignee understands that: This assignment does not become effective until this applicationis approved by the DEQ in writing.

Assignee Name (Type or Print) / Signature
Title / Date
  1. ASSIGNOR(current permit holder relinquishing the permit) Name:

Address: City: State: Zip Code:

Phone #: Email

ASSIGNOR CERTIFICATION: The Assignor certifies the above information is true and correct to the best of its knowledge. The Assignor understandsthat: a)the permitwill belong to the Assignee after the DEQ approves this assignment in writing; b)the Assignee will then assume responsibility for all permit and site issues; and c) the DEQ will release the Assignor’s bond afterit approves this assignment in writing.

Assignor Name (Type or Print) / Signature
Title / Date

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